TrustVoting Atlas

(A)(1) A registered voter who, by reason of disability, is unable to physically sign the voter's name
as a candidate, signer, or circulator on a declaration of candidacy and petition, nominating petition,
other petition, or other document under Title XXXV of the Revised Code may authorize a legally
competent resident of this state who is eighteen years of age or older as an attorney in fact to sign
that voter's name to the petition or other election document, at the voter's direction and in the voter's
presence, in accordance with either of the following procedures:


(a) The voter may file with the board of elections of the voter's county of residence a notarized form
that includes or has attached all of the following:


(i) The name of the voter who is authorizing an attorney in fact to sign petitions or other election
documents on that voter's behalf, at the voter's direction and in the voter's presence;


(ii) An attestation of the voter that the voter, by reason of disability, is unable to sign physically
petitions or other election documents and that the voter desires the attorney in fact to sign them on
the voter's behalf, at the direction of the voter and in the voter's presence;


(iii) The name, residence address, date of birth, and, if applicable, Ohio supreme court registration
number of the attorney in fact authorized to sign on the voter's behalf, at the voter's direction and in
the voter's presence. A photocopy of the attorney in fact's driver's license or state identification card
issued under section 4507.50 of the Revised Code shall be attached to the notarized form.


(iv) The form of the signature that the attorney in fact will use in signing petitions or other election
documents on the voter's behalf, at the voter's direction and in the voter's presence.


(b) The voter may acknowledge, before an election official, and file with the board of elections of the
voter's county of residence a form that includes or has attached all of the following:




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(i) The name of the voter who is authorizing an attorney in fact to sign petitions or other election
documents on that voter's behalf, at the voter's direction and in the voter's presence;


(ii) An attestation of the voter that the voter, by reason of disability, is physically unable to sign
petitions or other election documents and that the voter desires the attorney in fact to sign them on
the voter's behalf, at the direction of the voter and in the voter's presence;


(iii) An attestation from a licensed physician, clinical nurse specialist, or certified nurse practitioner
that the voter is disabled and, by reason of that disability, is physically unable to sign petitions or
other election documents;


(iv) The name, residence address, date of birth, and, if applicable, Ohio supreme court registration
number of the attorney in fact authorized to sign on the voter's behalf, at the voter's direction and in
the voter's presence. A photocopy of the attorney in fact's driver's license or state identification card
issued under section 4507.50 of the Revised Code shall be attached to the notarized form.


(v) The form of the signature that the attorney in fact will use in signing petitions or other election
documents on the voter's behalf, at the voter's direction and in the voter's presence.


(2) In addition to performing customary notarial acts with respect to the power of attorney form
described in division (A)(1)(a) of this section, the notary public shall acknowledge that the voter in
question affirmed in the presence of the notary public the information listed in divisions (A)(1)(a)(i),
(ii), and (iii) of this section. A notary public shall not perform any notarial acts with respect to such a
power of attorney form unless the voter first gives such an affirmation. Only a notary public
satisfying the requirements of section 147.01 of the Revised Code may perform notarial acts with
respect to such a power of attorney form.


(B) A board of elections that receives a form under division (A)(1) of this section from a voter shall
do both of the following:


(1) Use the signature provided in accordance with division (A)(1)(a)(iv) or (A)(1)(b)(v) of this
section for the purpose of verifying the voter's signature on all declarations of candidacy and
petitions, nominating petitions, other petitions, or other documents signed by that voter under Title



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XXXV of the Revised Code;


(2) Cause the poll list or signature pollbook for the relevant precinct to identify the voter in question
as having authorized an attorney in fact to sign petitions or other election documents on the voter's
behalf, at the voter's direction and in the voter's presence.


(C) Notwithstanding division (D) of section 3501.38 or any other provision of the Revised Code to
the contrary, an attorney in fact authorized to sign petitions or other election documents on a disabled
voter's behalf, at the direction of and in the presence of that voter, in accordance with division (A) of
this section may sign that voter's name to any petition or other election document under Title XXXV
of the Revised Code after the power of attorney has been filed with the board of elections in
accordance with division (A)(1) of this section. The signature shall be deemed to be that of the
disabled voter, and the voter shall be deemed to be the signer.


(D)(1) Notwithstanding division (F) of section 3501.38 or any other provision of the Revised Code
to the contrary, the circulator of a petition may knowingly permit an attorney in fact to sign the
petition on a disabled voter's behalf, at the direction of and in the presence of that voter, in
accordance with division (A)(1) of this section.


(2) Notwithstanding division (F) of section 3501.38 or any other provision of the Revised Code to
the contrary, no petition paper shall be invalidated on the ground that the circulator knowingly
permitted an attorney in fact to write a name other than the attorney in fact's own name on a petition
paper, if that attorney in fact signed the petition on a disabled voter's behalf, at the direction of and in
the presence of that voter, in accordance with division (C) of this section.


(E) The secretary of state shall prescribe the form and content of the form for the power of attorney
prescribed under division (A)(1) of this section and also shall prescribe the form and content of a
distinct form to revoke such a power of attorney.


(F) As used in this section, "unable to physically sign" means that the person with a disability cannot
comply with the provisions of section 3501.011 of the Revised Code. A person is not "unable to
physically sign" if the person is able to comply with section 3501.011 through reasonable
accommodation, including the use of assistive technology or augmentative devices.



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